My Chapter 7 Handbook
Law Offices of Robert R. Weed
"Be Happy & Debt Free"
Copyright 2013 -Robert R. Weed
We’re not quite over the hump, yet! One of the toughest hurdles of
the new Bankruptcy law is still ahead.
1. We have to get proof of all your bank accounts for the court.
Today’s date is
.
2. We will make final corrections and send your papers to the court on
. At that time we will get your case number.
3. No later than
, I will email you your case
number. (Your email is
.)
4. Here are all the bank accounts we have listed on your papers:
Bank Name
Last 4 numbers
Approx Balance $
Statements in file?
// Yes
// No
// Yes
// No
// Yes
// No
// Yes
// No
// Yes
// No
// Yes
// No
// Yes
// No
// Yes
// No
// Yes
// No
// Yes
// No
// Yes
// No
// Yes
// No
// Yes
// No
// Yes
// No
Bank Statements
There are two things we need to show the bankruptcy court on each of your bank
accounts. We have attached a guide on “How To Pull Your Bank Statements for
the bankruptcy trustee” following page 2 of this form.
1. The name and account number for each account.
2. The bank balance on the day we send in your papers; the day before,
and the day after.
To do that, we usually need two different pieces of paper.
First, we need a “bank statement”—mailed to you or printed from the
internet—that shows your name and account number. Should be fairly recent,
but does not need to be current. (We try to have that already in our file.)
Second, we need a recent transactions print out—from your computer or from
the bank. It needs to cover up to the day after we send in your papers, and go back
thirty days. That print out usually has the last four of your account number, so we
can tie it to the bank statement that has your name. You have to get that
AFTER your papers go to court, and get it to us.
5. Please fax or email your bank statements directly to your paralegal.
6. Additionally, you have a 3 in 5 chance of being assigned a chapter 7 trustee
that will require you to fill out a questionnaire before your hearing. If this is
the case your paralegal will send you the questionnaire form, either from
Kevin McCarthy, Jason Gold or Klinette H. Kindred, Trustee. You MUST fill out this
form and return it us as soon as possible. Theses trustees require that this
form is filled out and sitting in front of them before they hear your
bankruptcy case.
7. After you receive your case number, YOU MUST take the second part of
your Credit Counseling Class, which is the Debtor Education portion, online.
Go back to www.startfreshtoday.com and take your 2nd class and email or
call, Vanessa Hill. Vanessa can be reached at vanessa@robertweed.com or
(703) 335-7793.
Vanessa will contact you until you take
the second part of your Start Fresh
Today credit counseling class. Vanessa
must file your Start Fresh Today
Counseling certificate with the court
before your hearing to avoid Dismissal of
your bankruptcy case.
8. On
, I will send the trustees your supporting documentation:
1. Your tax forms.
2. Your pay stubs.
3. Your bank account statements and print outs
What happens if we miss that deadline?
a. If you are lucky, you will get yelled at on your court day.
b. If you are not so lucky, you will get sent home. So get me those
bank statements and print outs and leave happy, at your court date.
What the Chapter 7 Trustee Needs:



In order to meet the documentation requirements for the
Chapter 7 Trustee, you must submit copies of your bank
statements.
Your bank statements must show the balance in all
Checking and Savings accounts which are in your name.
This includes custodial accounts and joint accounts. An
example of a custodial account is, an account that you have
with a elderly relative or child.
Example of Bank
Statement
So Let’s say your bankruptcy case
was filed on May 23.
•You will need to provide a bank
statement showing the balance in your
account the day before (May 22) and
the day after (May 24).
If the date you filed bankruptcy
falls on a date not covered on your
last complete bank statement…
Please go online or to the bank.
Get a print out of all transactions
from the date your last bank
statement was printed through the
day after your bankruptcy was filed.
Complete Bank
Statement
Online/Bank
Print Out
Please email or fax your bank statements to your paralegal. Thank you!
B9A (Official Form 9A) (Chapter 7 Individual or Joint Debtor No Asset Case) (12/07) (YOUR CASE #)
Case Number 11−00000−RGM
UNITED STATES BANKRUPTCY COURT
Eastern District of Virginia
Notice of Chapter 7 Bankruptcy Case, Meeting of Creditors, & Deadlines
A chapter 7 bankruptcy case concerning the debtor(s) listed below was filed on: (FILING DATE)
You may be a creditor of the debtor. This notice lists important deadlines. You may want to consult an attorney to
protect your rights. Electronically filed documents may be viewed on Court's web site, www.vaeb.uscourts.gov.
Computer access available in Clerk's Office at address shown below. NOTE: The staff of the bankruptcy clerk's
office cannot give legal advice.
See Reverse Side For Important Explanations.
Debtor(s) (name(s) used by the debtor(s) in the last 8 years, including married, maiden, trade, and address):
Debtor Name
(YOUR NAME AND ADDRESS)
Debtor Address
Debtor Address
City, State Zip Code
Case Number: 11−00000−RGM or SSM
Office Code: 1
Attorney for Debtor(s) (name and address):
Robert R. Weed
Law Offices Of Robert Weed
7900 Sudley Road, Suite 409
Manassas, VA 20109
Telephone number: (703) 335−7793
Last four digits of Social−Security or Individual Taxpayer−ID(ITIN)
No(s)./Complete EIN:
xxx−xx−1234 (YOUR SOCIAL SECURITY NUMBER)
Bankruptcy Trustee (name and address):
Bankruptcy Trustee Name
Bankruptcy Trustee Address
Bankruptcy Trustee Address
Bankruptcy Trustee Address
Telephone number: (703) 123−4567
Meeting of Creditors:
Date: (Your Hearing Date)
Time: (Your Hearing Time)
Location: 115 South Union Street, Suite 206, Alexandria, VA 22314
Presumption of Abuse under 11 U.S.C. §§ 707(b)
See "Presumption of Abuse" on reverse side.
The presumption of abuse does not arise.
Deadlines:
Papers must be received by the bankruptcy clerk's office by the following deadlines:
Deadline to File a Complaint Objecting to Discharge of the Debtor or to Determine Dischargeability of Certain Debts:
(Date)
Deadline to Object to Exemptions:
Thirty (30) days after the conclusion of the meeting of creditors or within thirty (30) days after any amendment to the
list or supplemental schedules is filed, whichever is later.
Creditors May Not Take Certain Actions:
In most instances, the filing of the bankruptcy case automatically stays certain collection and other actions against the debtor and the debtor's
property. Under certain circumstances, the stay may be limited to 30 days or not exist at all, although the debtor can request the
court to extend or impose a stay. If you attempt to collect a debt or take other action in violation of the Bankruptcy Code, you may be
penalized. Consult a lawyer to determine your rights in this case.
Creditor with a Foreign Address:
A creditor to whom this notice is sent at a foreign address should read the information under "Do Not File a Proof of Claim at This Time"
on the reverse side.
Please Do Not File a Proof of Claim Unless You Receive a Notice To Do So.
Address of the Bankruptcy Clerk's Office:
200 South Washington Street
Alexandria, VA 22314
VCIS 24−hour case information:
Toll Free 1−800−326−5879
For the Court:
Clerk of the Bankruptcy Court:
William C. Redden
Date:
Filing of Chapter 7
Bankruptcy Case
Legal Advice
EXPLANATIONS
B9A (Official Form 9A) (12/07)
A bankruptcy case under chapter 7 of the Bankruptcy Code (title 11, United States Code) has been filed in this court
by or against the debtor(s) listed on the front side, and an order for relief has been entered.
The staff of the bankruptcy clerk's office cannot give legal advice. Consult a lawyer to determine your rights in this
case.
Prohibited collection actions are listed in Bankruptcy Code §§362. Common examples of prohibited actions include
Creditors Generally
May Not Take Certain contacting the debtor by telephone, mail or otherwise to demand repayment; taking actions to collect money or
obtain property from the debtor; repossessing the debtor's property; starting or continuing lawsuits or foreclosures;
Actions
and garnishing or deducting from the debtor's wages. Under certain circumstances, the stay may be limited to 30
days or not exist at all, although the debtor can request the court to extend or impose a stay.
Presumption of Abuse If the presumption of abuse arises, creditors may have the right to file a motion to dismiss the case under §§ 707(b)
of the Bankruptcy Code. The debtor may rebut the presumption by showing special circumstances.
Meeting of Creditors
A meeting of creditors is scheduled for the date, time and location listed on the front side. The debtor (both spouses
in a joint case) must be present at the meeting to be questioned under oath by the trustee and by creditors. Creditors
are welcome to attend, but are not required to do so. The meeting may be continued and concluded at a later date
without further notice.
Do Not File a Proof of There does not appear to be any property available to the trustee to pay creditors. You therefore should not file a
proof of claim at this time. If it later appears that assets are available to pay creditors, you will be sent another notice
Claim at This Time
telling you that you may file a proof of claim, and telling you the deadline for filing your proof of claim. If this
notice is mailed to a creditor at a foreign address, the creditor may file a motion requesting the court to extend the
deadline.
Creditor with a
Foreign Address
Consult a lawyer familiar with United States bankruptcy law if you have any questions regarding your rights in this
case.
Discharge of Debts
The debtor is seeking a discharge of most debts, which may include your debt. A discharge means that you may never
try to collect the debt from the debtor. If you believe that the debtor is not entitled to receive a discharge under
Bankruptcy Code §§727(a) or that a debt owed to you is not dischargeable under Bankruptcy Code §§523(a)(2), (4),
or (6), you must start a lawsuit by filing a complaint in the bankruptcy clerk's office by the "Deadline to File a
Complaint Objecting to Discharge of the Debtor or to Determine Dischargeability of Certain Debts" listed on the
front side. The bankruptcy clerk's office must receive the complaint and the required filing fee by that Deadline.
Exempt Property
The debtor is permitted by law to keep certain property as exempt. Exempt property will not be sold and distributed
to creditors. The debtor must file a list of all property claimed as exempt. You may inspect that list at the bankruptcy
clerk's office. If you believe that an exemption claimed by the debtor is not authorized by law, you may file an
objection to that exemption. The bankruptcy clerk's office must receive the objection by the "Deadline to Object to
Exemptions" listed on the front side.
Bankruptcy Clerk's
Office
Any document that you file in this bankruptcy case should be filed either electronically, or with the Clerk's Office in
Alexandria. You may view electronically filed documents, including list of debtor's property and debts and list of
property claimed exempt, on Clerk's web site, www.vaeb.uscourts.gov, or at Clerk's office in Alexandria. See
address on front side of this notice.
− − Refer to Other Side for Important Deadlines and Notices − −
LOCAL RULE DISMISSAL WARNING: Case may be dismissed for failure to timely file lists, schedules and statements, or to attend
meeting of creditors. (Local Bankruptcy Rules 1007−1, 1007−3, and 2003−1.) Trustee may at the meeting give notice of intention to abandon
property burdensome or of inconsequential value or intent to sell nonexempt property that has an aggregate gross value less than $2,500.
Objections thereto must be filed pursuant to Local Bankruptcy Rules 6004−2 and 6007−1.
PHOTOCOPIES May be obtained by contacting Creative Assistant at (757) 624−9990 or by fax at (757) 624−9998.
Electronic bankruptcy notices are delivered faster than the U.S. Mail if you have a PC with Internet connection or a Fax machine. For more
information, go to http://vaeb.uscourts.gov/ebn/index.htm or call, toll free: 877−837−3424. Case/docket information available on Internet @
www.vaeb.uscourts.gov
United States Bankruptcy Court
In re: Debtor Name
SSN:
xxx-xx-1234
EIN:
Eastern District of Virginia Alexandria
Division
200 South Washington Street
Alexandria, VA 22314
Case Number 11-00000-RGM/BFK
Chapter 7
NA
Order to Debtor
An order for relief having been entered herein pursuant to Title 11 U.S.C. Chapter 7 upon a petition filed by you in
the United States Bankruptcy Court; it is ORDERED that,
You shall safely care for, protect and preserve all of your property.
You shall not sell, refinance, transfer, remove, destroy, mutilate or conceal any of your property, and you shall make
all or any part thereof available to the trustee, when requested to do so.
You shall not turn over any of your property to any creditor or party in interest without the bankruptcy Trustee's
knowledge and consent, unless so ordered by the United States Bankruptcy Court.
You shall preserve all recorded information, including books, documents, records and papers, from which your
financial condition or business transactions might be ascertained and make the same available to the United States
Bankruptcy Court and/ or the Trustee when requested to do so.
You shall cooperate with the Trustee as is necessary to enable the Trustee to perform the Trustee's duties as required
by law.
You shall make available and turn over to the Trustee any property that you acquire or become entitled to acquire
within 180 days after the date of the filing of your bankruptcy petition, if such property or your rights to acquire such
property is by bequest, devise or inheritance; or by the terms or provisions of a property settlement agreement with
your spouse or by any divorce decree; or as a beneficiary of a life insurance policy or of a death benefit plan.
At least 7 days before the first scheduled meeting of creditors, you shall provide to the trustee: (A) a copy of your
federal tax return, including any attachments, for the most recent tax year ending immediately before your petition
filing date and for which a return was filed, a transcript of such tax return, or a written statement that the
documentation does not exist; and (B) all payment advices or other evidence of payment received within 60 days
before the petition filing date from your employer. Not later than the meeting of creditors, you also shall provide to
the trustee: statements for each of your depository and investments accounts, including checking, savings, money
market, mutual funds, and brokerage accounts, for the period that includes your petition filing date, or a written
statement that the documentation either does not exist or is not in your possession. The Court may dismiss your case
if such documentation is not provided.
You shall personally appear at a meeting of creditors on the date and time and at the place set by the U. S. Trustee as
set forth in a notice which you have or will soon receive. That meeting may be adjourned and subsequently
reconvened by the Trustee and, if so, you shall appear on the date and time scheduled.
At the Trustee's request, you shall make all reasonable efforts to provide the Trustee with your homestead deed, if
any, and any and all deeds to real property, as well as documentation evidencing the liens on all of your encumbered
assets and any other documentation requested by the Trustee. You shall promptly file any and all necessary
amendments, modifications or clarifications to any schedules or statements as requested by the Trustee.
Before your case is closed, you shall immediately advise the Court and the Trustee, in writing, of any change of your
address. You are advised that it is your responsibility to review any returned mail which needs a corrected address.
You shall obey all orders of the United States Bankruptcy Court and your responsibility for doing so does not cease
even after a discharge is granted. The discharge does not conclude your bankruptcy case. A discharge may be
revoked, for cause.
For the Court,
Dated:
[ VAN006vAug2010.jsp]
William C. Redden, Clerk
United States Bankruptcy Court
United States Bankruptcy Court
Eastern District of Virginia Alexandria
Division
200 South Washington Street
Alexandria, VA 22314
Case Number
Chapter
In re:
SSN: xxx-xx-2990
EIN: NA
SSN: xxx-xx-0421
EIN: NA
NOTICE OF REQUIREMENT TO FILE
CERTIFICATION OF COMPLETION
OF COURSE IN PERSONAL FINANCIAL MANAGEMENT
(Official Form 23)
Notice is hereby gi ven that, subject to limited exceptions, a debtor must complete an instructional course
in personal financial management in order to receive a discharge under chapter 7 (11 U.S.C. § 727). Pursuant to
Rule 1007(b)(7) of the Interim Rules of Bankruptcy Procedure, the debtor(s) must complete and file Debtor's
Certification of Completion of Instructional Course Concerning Personal Financial Management (Official Form
23)* as described in 11 U.S.C. § 111.
Debtor(s) and/or debtor(s)' attorney is/are hereby notified that Official Form 23 must be filed before a
discharge can be entered. Debtor(s) and/or debtor(s)' attorney is/are hereby notified that the debtor(s) must file
Official Form 23 within 45 days after the first date set for the meeting of creditors under§ 341. Failure to file the
certification will result in the case being closed without an entry of discharge. If the debtor(s) subsequently file(s)
a Motion to Reopen the Case to allow for the filing of the Official Form 23, the debtor(s) must pay the full
reopening fee due for filing the motion.
Dated: January 26, 2006
William C. Redden
Clerk of Court
*NOTE: Official Interim Form 23 (Debtor's Certification of Completion of Instructional Course Concerning Personal Financial
Management) must be filed in all individual chapter 13 and chapter 7 cases even if the U.S. Trustee has not approved any credit
counseling agency or financial management cours,e for the applicable district. See Interim Rule !007(b)(7).
What to Expect at Your Hearing: The “Meeting of Creditors”
"Be Happy & Debt Free"
The Trustee act
If things go well in your Chapter 7 Bankruptcy, the
“Meeting of Creditors” will be the only hearing you have to attend.
They call it a “Meeting of Creditors,” but usually it’s just you, me
& the Trustee. The room will be full of people there for the same
reason we are.
The Trustee acts like a judge, except he is called “sir”
instead of “Your Honor.” The Trustee will call you and me to the
front, check your photo ID and Social Security number, ask you a
few simple questions, and then we leave. (My job is to help out if
you get confused.) The Trustee schedules 14 of these each hour, so
he moves fast.
WHERE
The U.S. Trustee’s office is located at 115 South Union Street, Suite 206, Alexandria, VA
22314. Union Street runs along the Potomac River in Old Town Alexandria. Number 115
South is just south of the corner of King Street and Union Street.
From the Beltway, take Exit 177B for Route 1 North. Take a right at the first traffic light. Go
eight blocks until you come to the Potomac River. Union Street is the street that runs along the
river. Turn left and go six blocks to 115 South Union. It’s on the left.
When you go into 115 South Union Street, go up to the second floor and through the FRENCH
DOORS which open up to a walkway and then onto a brick terrace. The U.S. Trustee’s office is on
a balcony in a building behind the main building. Lots of people have trouble finding it, because
they don’t know to go out French doors in the back to the walkway, which is in the 2nd building.
DON’T MISS IT!!!!!
If you miss the hearing we are in trouble. The court will dismiss your case unless you can
show up in court and give a good explanation. We charge $350.00 to go to court with you or to get
your case reinstated. If the court isn’t satisfied with your explanation, the court will charge you $306
again and I will charge you an extra $150 to redo the paperwork, plus a $225 “start over” fee.
(If there’s a serious emergency, we may be able to reschedule if you call us in advance. We charge
you $150 to reschedule.)
You will not be able to tell this is a government office from the appearance of the
building. The only thing you will see from the street will be the signs for Birkenstock Shoe store.
The U.S. Trustee’s office is in the same building. There are parking meters along the street and
there is a parking garage in the building.
Address 115 S Union St
0
115 S Union Street Alexandria , VA223 14
Go into the office building , up to the 2nd floor, out the back door, into the Federal
building,
That's behind the first building. Room 206 is the 1st door off the back balcony
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Thingstodobeforeyourhearing:
1.Faxoremail,ALLBankStatementsshowingfiling
dateof:
(regardlessofthebalanceorwhothey’re
jointwith‐includethekid’saccountstoo),toyour
paralegal.
2.Faxoremail,TRUSTEEQUESTIONNAIRE‐Ifyouare
assignedaChapter7trustee,KevinMcCarthy,JasonGoldor
KlinetteKindredyouwillreceiveaquestionnairefromyour
paralegal.Fax/scanthequestionnairetoyourparalegalat (fax).
3.TakeStartFreshTodayEducationClassat
www.startfreshtoday.com.Letusknowwhenthisisdone.
EmailVanessaHill@vanessa@robertweed.comorcallher
at(703)335‐7793,whenyouhavecompletedyourdebtor
educationclasswithStartfreshToday.
Thingstobringtoyourhearing:
1.PHOTOID
2.SocialSecurityCard
a.OrsomethingwithyourfullSocialSecurity#onit
andW‐2.
b.LetterfromSSofficeshowingyouappliedfornew
card
3.Newhomeorcellphone#’s,newhomeor mailingaddress,newemailaddress.
4. $300‐payabletoRobertR.Weed.
Today’s My Bankruptcy Hearing Date-Before & After
PAYMENT
Unless we made other arrangements, you will owe me $300.00 at the hearing.
WHAT HAPPENS?
First, the Trustee will put you under oath and check your photo ID and Social Security
number. Then, the Trustee will ask you questions that go something like this:
1.
2.
3.
4.
5.
What’s your name? Do you still live at the address that’s on your form?
Where do you work? What’s your daytime phone number?
Is your spouse in bankruptcy, too? How many dependants do you have?
Have you filed bankruptcy before?
Do you own your home? When did you buy it and what did you pay? Do you
own any property anywhere? Do you have any joint debts with your spouse?
6. What cars do you have? Are they free and clear or are you still paying on them?
7. Do you have any cash value on your life insurance? Are you due a tax refund?
Does anyone owe you any money?
8. Did you go over everything on these papers with someone in Mr. Weed’s
office
before you signed them? Did you list all your debts and assets?
9. Are you aware of any changes you need to make to your paperwork?
10. Did you read the handout? (That’s the handout that we gave you
when you signed the papers. Here’s another one.)
11. Do you owe any domestic support obligations? (Alimony or child
support)
WHAT NEXT?
You must give us your approval number for y o u r certificate from an
approved debtor education course or your case will be DISMISSED. Your
creditors and the U.S. Trustee have 60 days after the “meeting of creditors” to file
papers trying to block you. They can say you lied on your bankruptcy papers, or that
you lied in your credit application or the other things we talked about on the pink
warning sheet I gave you when first began. Usually, 60 days pass with no one doing
anything.
Then, two weeks after that deadline, the court will send you a notice saying that your debts
are discharged and your case is closed. This should all be over about three months from
today. I’ll keep an eye on any problems.
BANKRUPTCY INFORMATION SHEET
BANKRUPTCY LAW IS A FEDERAL LAW. THIS SHEET PROVIDES YOU WITH GENERAL
INFORMATION ABOUT WHAT HAPPENS IN A BANKRUPTCY CASE. THE INFORMATION HERE IS
NOT COMPLETE. YOU MAY NEED LEGAL ADVICE.
WHEN YOU FILE BANKRUPTCY
You can choose the kind of bankruptcy that best meets your needs (provided you meet certain
qualifications):
Chapter 7- A trustee is appointed to take over your property. Any property of value will be
sold or turned into money to pay your creditors. You may be able to keep some personal items
and possibly real estate depending on the law of the State where you live and applicable
federal laws.
Chapter 13- You can usually keep your property, but you must earn wages or have some
other source of regular income and you must agree to pay part of your income to your
creditors. The court must approve your repayment plan and your budget. A trustee is
appointed and will collect the payments from you, pay your creditors, and make sure you
live up to the terms of your repayment plan.
Chapter 12 - Like chapter 13, but it is only for family farmers and family
fishermen.
Chapter 11 -This is used mostly by businesses. In chapter 11, you may continue to operate
your business, but your creditors and the court must approve a plan to repay your debts.
There is no trustee unless the judge decides t h a t one is necessary; if a trustee is
appointed, the trustee takes control of your business and property.
If you have already filed bankruptcy under chapter 7, you may be able to change your case to another chapter.
Your bankruptcy may be reported on your credit record for as long as ten years. It can affect your ability to
receive credit in the future.
WHAT IS A BANKRUPTCY DISCHARGE AND HOW DOES IT OPERATE?
One of the reasons people file bankruptcy is to get a "discharge." A discharge is a court order which states that
you do not have to pay most of your debts. Some debts cannot be discharged. For example, you cannot
discharge debts for most taxes
child
support
alimony
most student loans
court fines and criminal restitution
personal injury caused by driving drunk or under the influence of drugs.
The discharge only applies to debts that arose before the date you filed. Also, if the judge finds that you
received money or property by fraud, that debt may not be discharged.
It is important to list all your property and debts in your bankruptcy schedules. If you do not list a debt,
for example, it is possible the debt will not be discharged. The judge can also deny your discharge if you
do
something dishonest in connection with your bankruptcy case, such as destroy or hide property, falsify records,
or lie, or if you disobey a court order.
You can only receive a chapter 7 discharge once every eight years. Other rules may apply if you previously
received a discharge in a chapter 13 case. No one can make you pay a debt that has been discharged, but
you can voluntarily pay any debt you wish to pay. You do not have to sign a reaffirmation agreement (see
below) or any other kind of document to do this.
Some creditors hold a secured claim (for example, the bank that holds the mortgage on your house or the loan
company that has a lien on your car). You do not have to pay a secured claim if the debt is discharged, but the
creditor can still take the property.
WHAT IS A REAFFIRMATION AGREEMENT?
Even if a debt can be discharged, you may have special reasons why you want to promise to pay it. For
example, you may want to work out a plan with the bank to keep your car. To promise to pay that debt, you
must sign and file a reaffirmation agreement with the court. Reaffirmation agreements are under specialrules
and are voluntary. They are not required by bankruptcy law or by any other law. Reaffirmation agreementsmust be voluntary;
must not place too heavy a burden on you or your family;
must be in your best interest; and
can be canceled anytime before the court issues your discharge or within 60 days after the
agreement is filed with the court, whichever gives you the most time.
If you are an individual and you are not represented by an attorney, the court must hold a hearing to decide
whether to approve the reaffirmation agreement. The agreement will not be legally binding until the court
approves it.
If you reaffirm a debt and then fail to pay it, you owe the debt the same as though there was no bankruptcy.
The debt will not be discharged and the creditor can take action to recover any property on which it has a lien
or mortgage. The creditor can also take legal action to recover a judgment against you.
IF YOU WANT MORE INFORMATION OR HAVE ANY QUESTIONS ABOUT HOW THE BANKRUPTCY
LAWS AFFECT YOU, YOU MAY NEED LEGAL ADVICE. THE TRUSTEE IN YOUR CASE IS NOT
RESPONSIBLE FOR GIVING YOU LEGAL ADVICE.
..
YOUR UNCLE SAM SAYS, REPEAT AFTER ME!
Now that my bankruptcy
is filed,
There is one more bill
I must reconcile.
Quick, today, I won’t delay
I will pay the fees to my HOA.
My house or condo still belongs to me,
For I still hold the deed, the title and the
fees!
So, I solemnly promise to pay the cash,
and every month to cut the grass.
My HOA and Condo fees are not free,
They are still my responsibility!!
X
Signature
Do you have a car or mortgage payment?
If you do not have a Car or Mortgage
payment you can stop
r r reading
here!!
If you do have mortgage or car payment,
then read ahead for more information
regarding what happens now that you
have filed bankruptcy…….
Motion For Relief From Stay
You will receive a document from the court, called a
Motion for Relief from Stay if you are not current on your
mortgage(s), vehicle(s) or other secured debts. This
means that the mortgage company is asking the Bankruptcy Court
permission to begin foreclosure or repossession proceedings if
they wish.
Once we receive a copy of the Motion for Relief from Stay
in our office, you will receive a telephone call from our
Manassas office regarding your intentions with your property. If
you have questions concerning the Motion for Relief from Stay
please call (703) 635-2858 or send an email to
brenda@robertweed.com.
Once we have discussed the Motion for Relief from Stay with
you, we will then file one of the following electronic responses with
the court.
1. You admit that you are behind on your House, car or
other secured debt.
2. You believe there is a mistake, you don’t owe them
money, and your account is current.
Those are the only responses that can be filed with the
court! You do not have to attend this court hearing.
The judge is required by law to give the mortgage company
permission to begin foreclosure proceedings if you are
delinquent – by even one cent!
Car loan companies are very predictable. If they get
relief from the automatic stay on your car, the tow truck will
be out front, without warning, in a few days.
Car loan companies do not work with people after
bankruptcy. Get your valuables out of the car!
For Mortgage lenders filing a motion for relief from the
automatic stay does NOT mean they are going to foreclose
you. Before the housing crisis it did, but now the situation is
not so clear.
It may be that you have only about two months left in
home. That's about how fast they will foreclose and evict you,
if that's what they want to do.
On the other hand, if you are negotiating for a loan
modification, they usually continue to negotiate. (In many
cases, regulations require them to continue to negotiate--and
we send them a letter reminding them of that.)
Sometimes, they just let you sit for several months, for no
apparent reason. We have sometimes filed bankruptcy for
people two days before the foreclosure sale, watched the
mortgage company get relief from the stay, and do nothing to
foreclose for six months or a year.
It is not possible to predict or guarantee what the
mortgage company will do.
Mortgage/Loan Modifications
If you are trying to re-negotiate your mortgage with your
mortgage company you will need a letter from our firm giving
the mortgage company permission to speak with you! This
letter is included in this package. Please fill the letter out and
send it to your mortgage company. Sometimes the mortgage
company will not accept this letter and want to send us their
form directly. If so, please have them fax it to Brenda Melgar
at (703) 6-6. She will fill it out and send it back to them.
Loan modifications may take quite some time. The
mortgage companies have many foreclosures and a limited
staff. Some can approve a loan modification in 1 day and
some may take 5 months to year to approve or reject your
application for a loan modification. Remember, your
mortgage company holds all the cards. Stay in contact
regularly with your mortgage company as they are the only
ones who can give you answers and updates regarding your
loan modification status.
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Alexandria Division
IN RE:
John R. Bankruptcy,
Debtor
SUBPRIME MORTGAGE, LLC.
Movant
vs.
John R. Bankruptcy,
Debtor/Respondent
And
Case No. 10-123456-RGM
Chapter 7
**You will get a Motion for Relief from
Automatic Stay if you are behind on your house
or car. The bank is asking for permission to
repossess the car or foreclose on the house.
Do nothing if you are giving up the house or car. EMAIL brenda@robertweed.com LI you
think your payments are current.**
CHAPTER 7 TRUSTEE,
Trustee/Respondent
MOTION FOR RELIEF FROM AUTOMATIC STAY
COMES NOW, SubprimeMortgage, LLC. ("Movant"), by and through counsel, and
respectfully represents as follows:
1. Jurisdiction is based on 11 U.S.C. Section 362(d)-(f).
2. Movant is a mortgage lender/servicer.
3. On or about January 1, 2010, John R. Bankruptcy, ("Debtor") filed a Voluntary
Petition in this Court under a Chapter 7 of the United States Bankruptcy Code.
4. Chapter 7 Trustee is the Trustee of the Debtor's estate.
5. At the time of the initiation of these proceedings the Debtor owned a parcel of
real estate located in Prince William County, Virginia, and improved by a residence
known as 1234 Fifth Place, Woodbridge, Virginia 22193 (the "Property"), attached as
Exhibit A is the legal description.
6. The Property is encumbered by a Deed of Trust securing the Movant, and
recorded among the land records of the aforesaid county.
Law Offices of Robert Ross Weed
311 N. Washington Street, 3rd Floor, Alexandria, VA 22314
Office: (703) 335-7793 Fax: (703) 656-4976
Robert Ross Weed, Esq.
Date: __________________________
Attn: Mortgage Company: _______________________
Address: _______________________________
_______________________________________
Account Number: ________________________
Property Address: _________________________________
To Whom It May Concern:
We represent ___________________________________, in this bankruptcy case.
____________________________ has permission to communicate directly with
____________________________________, via telephone, letter, facsimile or electronic
means regarding a loan modification for said mortgage. If you have any questions, please
contact Brenda Melgar at (703) 635-2858, during regular business hours.
Sincerely,
Robert R. Weed
Robert R. Weed
Thank you for choosing the
Law Offices of Robert R. Weed